Kochtitzky & Johnson, Inc. v. Malvern Gravel Co.

This is the second appeal in this case, the first having been decided on March 30, 1936, reported in 192 Ark. 523, 92 S. W. 2d 385. In that case there was an appeal by the garnishee from a judgment by default. Previous to that judgment a judgment by default had been rendered in favor of Malvern Gravel Company against Ward-Hayes Construction Company, a partnership. At a subsequent term of the court to that when judgment was rendered against the garnishee, the garnishee moved to set aside the judgment on the ground of unavoidable casualty. The trial court denied this motion. This court, on…